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City of hobart

 

 

 

 

AGENDA

City Planning Committee Meeting

 

Open Portion

 

Monday, 28 August 2017

 

at 5.00 pm

Lady Osborne Room, Town Hall


 

 

 

 

THE MISSION

Our mission is to ensure good governance of our capital City.

THE VALUES

The Council is:

 

about people

We value people – our community, our customers and colleagues.

professional

We take pride in our work.

enterprising

We look for ways to create value.

responsive

We’re accessible and focused on service.

inclusive

We respect diversity in people and ideas.

making a difference

We recognise that everything we do shapes Hobart’s future.

 

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 4

 

28/8/2017

 

 

ORDER OF BUSINESS

 

Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Co-Option of a Committee Member in the event of a vacancy  5

2.        Confirmation of Minutes. 5

3.        Consideration of Supplementary Items. 5

4.        Indications of Pecuniary and Conflicts of Interest. 5

5.        Transfer of Agenda Items. 6

6.        Planning Authority Items - Consideration of Items With Deputations. 6

7.        Committee Acting as Planning Authority. 7

7.1     Applications under the Hobart Interim Planning Scheme 2015  8

7.1.1       PLN-17-267 - 80 Elizabeth Street, Hobart - Partial Demolition, Alterations and Partial Change of Use to Visitor Accommodation.. 8

7.1.2       PLN-17-490 - 6 Victoria Street - Partial Demolition, Alterations, Extension, Partial Change of Use to Business and Professional Services and Signage. 60

7.1.3       PLN-17-272 - 22 Norfolk Crescent, Sandy Bay - Multiple Dwelling. 94

8          Reports. 130

8.1     Visitor Accommodation - Draft Planning Directive No. 6 - Public Exhibition - Representation. 130

8.2     Petition - Flashing Sign - 381 Elizabeth Street North Hobart 154

8.3     Delegated Decisions Report (Planning) 158

8.4     City Planning - Advertising List 162

9          Motions of which Notice has been Given. 167

9.1     Planning Scheme Amendments under the Sullivan's Cove and the City of Hobart Planning Schemes - Building Height 167

10.     Responses To Questions Without Notice. 168

10.1  The Preparation of Specific Area Plans and Local Area Provisions. 169

11.     Questions Without Notice. 171

12.     Closed Portion Of The Meeting.. 172

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

 

28/8/2017

 

 

City Planning Committee Meeting (Open Portion) held Monday, 28 August 2017 at 5.00 pm in the Lady Osborne Room, Town Hall.

 

COMMITTEE MEMBERS

Briscoe (Chairman)

Ruzicka

Burnet

Denison

 

ALDERMEN

Lord Mayor Hickey

Deputy Lord Mayor Christie

Zucco

Sexton

Cocker

Thomas

Reynolds

Harvey

Apologies: Nil.

 

 

Leave of Absence: Nil.

 

1.       Co-Option of a Committee Member in the event of a vacancy

 

 

 

2.       Confirmation of Minutes

 

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 14 August 2017, are submitted for confirming as an accurate record.

 

 

3.       Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

 

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.

 

 

4.       Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

 

Aldermen are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.

 

5.       Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

 

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

 

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

 

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

 

6.       Planning Authority Items - Consideration of Items With Deputations

 

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.

 

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

 

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

 

RECOMMENDATION

 

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

 


 

Agenda (Open Portion)

City Planning Committee Meeting

Page 7

 

28/8/2017

 

 

7.       Committee Acting as Planning Authority

 

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

 

In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

 

The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

 


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 9

 

28/8/2017

 

 

7.1     Applications under the Hobart Interim Planning Scheme 2015

 

7.1.1   PLN-17-267 - 80 Elizabeth Street, Hobart - Partial Demolition, Alterations and Partial Change of Use to Visitor Accommodation

            pln-17-267 - FILE REF: F17/102134

Address:                         80 Elizabeth Street, Hobart

Proposal:                       Partial Demolition, Alterations and Partial Change of Use to Visitor Accommodation

Expiry Date:                   13 September 2017

Extension of Time:       Not applicable

Author:                           Cameron Sherriff

 

 

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Partial Demolition, Alterations and Partial Change of Use to Visitor Accommodation at 80 Elizabeth Street, HOBART for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

 

GEN

 

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­17­267 ­ 80 ELIZABETH STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

TW

 

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2017/00511­HCC dated 11/07/2017 as attached to the permit.

 

Reason for condition

 

To clarify the scope of the permit.

 

ENG 7

 

Bicycle parking is to be provided on site.

 

A total of two (2) bicycle parking spaces must be provided on site. These must comply with Class A or Class B of AS 2890.3:2015 and are to be provided for staff of the visitor accommodation.

 

Drawings demonstrating compliance with this requirement must be submitted and approved, prior to the first occupation of the accommodation.

 

All work required by this condition must be undertaken in accordance with the approved drawings.

 

Advice:

 

Once the drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays.

 

Reason for condition

 

To ensure enough bicycle parking is provided to meet the needs of likely users and by so doing to encourage cycling as a health and environmentally friendly mode of transport.

 

ENG 1

 

The cost of repair of any damage to the Council infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

 

A photographic record of the Council infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

 

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails

to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council infrastructure found on completion of works will be deemed to be the responsibility of the owner.

 

Reason for condition

 

To ensure that any of the Council infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

 

ENV 1

 

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site. Sediment controls must be maintained until all areas of disturbance have been stabilized or re­vegetated.

 

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

 

Reason for condition

 

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

 

ADVICE

 

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

 

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

 

CONDITION ENDORSEMENT

 

If a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

 

BUILDING PERMIT

 

Building permit in accordance with the Building Act 2016. Click here for more information.

 

PLUMBING PERMIT

 

Plumbing permit in accordance with the Building Act 2016, Building Regulations

2016 and the National Construction Code. Click here for more information.

 

OCCUPATION OF THE PUBLIC HIGHWAY

 

Permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

 

TEMPORARY PARKING PERMITS

 

General Exemption permits for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

.

 

Attachment a:             PLN-17-267 - 80 ELIZABETH STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-17-267 - 80 ELIZABETH STREET HOBART TAS 7000 - CPC Agenda Documents

Attachment c:            PLN-17-267 - 80 ELIZABETH STREET HOBART TAS 7000 - CPC Supporting Documents (Supporting information)    


Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 28/8/2017

Page 13

ATTACHMENT a

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 28/8/2017

Page 30

ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 28/8/2017

Page 41

ATTACHMENT b

 

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Item No. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting - 28/8/2017

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ATTACHMENT b

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 62

 

28/8/2017

 

 

7.1.2   PLN-17-490 - 6 Victoria Street - Partial Demolition, Alterations, Extension, Partial Change of Use to Business and Professional Services and Signage

            pln-17-490 - FILE REF: F17/102263

Address:                         6 Victoria Street, Hobart

Proposal:                       Partial Demolition, Alterations, Extension, Partial Change of Use to Business and Professional Services and Signage

Expiry Date:                   5 September 2017

Extension of Time:       Not applicable

Author:                           Elizabeth Wilson

 

 

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Partial Demolition, Alterations, Extension, Partial Change of Use to Business and Professional Services and Signage at 6 Victoria Street HOBART for the following reasons:

 

1          The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the development results in the loss of historic cultural heritage significance to the place through incompatible design, including in bulk, form, fenestration, siting, materials, colours and finishes.

 

2          The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A2 and P2 of the Hobart Interim Planning Scheme 2015 because the development has not been designed to be subservient and complementary to the place through characteristics including scale and bulk, materials, build form and fenestration.

 

3          The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A3 and P3 of the Hobart Interim Planning Scheme 2015 because the materials, built form and fenestration of the development does not respond to the dominant heritage characteristics of the place.

 

4          The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A4 and P4 of the Hobart Interim Planning Scheme 2015 because the extension to an existing building detracts from the historic cultural heritage significance of the place.

 

5          The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design and siting of buildings and works results in detriment to the historic cultural heritage significance of heritage precinct Hobart 1.

 

6          The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A3 and P3 of the Hobart Interim Planning Scheme 2015 because the extension to an existing building detracts from the historic cultural heritage significance of heritage precinct Hobart 1.

 

7          The proposal does not meet the acceptable solution or the performance criterion with respect to clause E17.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the wall sign on the Victoria Street frontage: (a) is not located in a manner that minimises impact on the cultural heritage significance of the place or heritage precinct Hobart 1; (b) is not placed so as to allow the architectural details of the building to remain prominent; (c) is of a size and design that will substantially diminish the cultural heritage significance of the place or heritage precinct Hobart 1; and (d) is not placed in a location on the building that would traditionally have been used as an advertising area.

.

 

Attachment a:             PLN-17-490 - 6 VICTORIA STREET HOBART TAS 7000 - Planning Committee or Delegated Report

Attachment b:             PLN-17-490 - 6 VICTORIA STREET HOBART TAS 7000 - CPC Agenda Documents   


Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 28/8/2017

Page 64

ATTACHMENT a

 

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Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting - 28/8/2017

Page 86

ATTACHMENT b

 

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Item No. 7.1.2

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 96

 

28/8/2017

 

 

7.1.3   PLN-17-272 - 22 Norfolk Crescent, Sandy Bay - Multiple Dwelling

            pln-17-272 - FILE REF: F17/102659

Address:                         22 Norfolk Crescent, Sandy Bay

Proposal:                       Multiple Dwellings

Expiry Date:                   12 September 2017

Extension of Time:       Not applicable

Author:                           Richard Bacon

 

 

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for a multiple dwelling at 22 Norfolk Crescent Sandy Bay for the reasons outlined in the officer’s report and on the following ground:

 

1          The proposal does not meet the acceptable solution or the performance criterion with respect to clause 10.4.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because (a) the proposed density is not compatible with the density of the surrounding area; and (b) the proposed multiple dwelling does not provide for a significant social or community housing benefit.

 

Attachment a:             PLN-17-272 - 22 NORFOLK CRESCENT SANDY BAY TAS 7005 - Planning Committee or Delegated Report

Attachment b:             PLN-17-272 - 22 NORFOLK CRESCENT SANDY BAY TAS 7005 - CPC Agenda Documents

Attachment c:            PLN-17-272 - 22 NORFOLK CRESCENT SANDY BAY TAS 7005 - Site Areas Table   


Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 28/8/2017

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ATTACHMENT a

 

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Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 28/8/2017

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ATTACHMENT b

 

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Item No. 7.1.3

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ATTACHMENT b

 

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Item No. 7.1.3

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City Planning Committee Meeting - 28/8/2017

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ATTACHMENT b

 

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Item No. 7.1.3

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ATTACHMENT b

 

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Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 134

 

28/8/2017

 

 

8        Reports

 

8.1    Visitor Accommodation - Draft Planning Directive No. 6 - Public Exhibition - Representation

          File Ref: F17/101909; 32-13-4

Report of the Acting Director City Planning of 23 August 2017 and attachments.

Delegation:     Council


Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 136

 

28/8/2017

 

 

REPORT TITLE:                  Visitor Accommodation - Draft Planning Directive No. 6 - Public Exhibition - Representation

REPORT PROVIDED BY:  Acting Director City Planning

 

1.         Report Purpose and Community Benefit

1.1.     The purpose of this report is to consider a representation to the Tasmanian Planning Commission (TPC) in relation to Draft Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes (Attachment A).

1.2.     Appropriate planning standards for visitor accommodation will benefit the community by protecting residential amenity and providing for the accommodation needs of both visitors to the City and permanent residents.

2.         Report Summary

2.1.     This report considers a representation to the TPC in relation to Draft Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes (Attachment A).

2.2.     Interim Planning Directive No. 2 Exemption and Standards for Visitor Accommodation in Planning Schemes came into effect on 1 July 2017 when it was issued by the Minister for Planning and Local Government under section 12A(2)(a) of the former provisions of the Land Use Planning and Approvals Act 1993 (LUPAA). 

2.3.     The TPC has now been directed by the Minister for Planning and Local Government under section 11 of LUPAA to undertake an assessment of draft Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes (PD6). The TPC has invited representations for consideration in the assessment to be submitted by 11 September 2017.

2.4.     It is proposed that the Council make a representation to the TPC in relation to PD6 addressing the issues summarised below and discussed in Section 5 of this report. 

2.5.     Impacts on residential amenity and scale - The scale of activity facilitated by the exemption and permitted standards is unlikely to be compatible with the character and use of many residential areas and is therefore considered to inconsistent with the objective for the visitor accommodation standard.

2.6.     It is considered that a more appropriate exemption would be for 2 bedrooms to be used for visitor accommodation and the permitted standard to be a gross floor area of not more than 200m2.

2.7.     Visitor accommodation in apartment and unit complexes - The Planning Directive does not address the amenity issues involved with the mixing of permanent residents and short term residents in dwelling complexes. It is submitted that the permitted standard in residential zones should provide that self-contained visitor accommodation must not be located on the same site as a dwelling providing long term residential accommodation.

2.8.     Battery Point – residential amenity and character - The Planning Directive had the effect of making self-contained visitor accommodation permitted in the Inner Residential Zone in Battery Point Heritage Area BP1.  This was a reversal of the long standing position of the Council to prohibit self-contained visitor accommodation in Battery Point.

2.9.     Restricting the numbers of self-contained visitor accommodation places in Battery Point will help ensure that it continues to exist as a living residential precinct, with heritage values maintained and enhanced.

2.10.   It is submitted that the Planning Directive should continue the long standing prohibition on self-contained visitor accommodation in Battery Point Heritage Area BP1.

2.11.   Implications for the supply and cost of housing - There is a growing body of evidence from a number of cities that the supply of self-contained visitor accommodation, available through online booking platforms such as AirBnB, has seen the extensive conversion of properties from long term rental to visitor accommodation properties.

2.12.   This has resulted in a shortage of accommodation for residents and has significant implications for the supply and cost of housing for permanent residents.

2.13.   In his response to the Council dated 1 August 2017, the Minister advised that the Government is aware of concerns that some housing stock will be removed from the longer term rental market to provide for the more lucrative short-term visitor accommodation use. He further advised that the operation of the new home-sharing accommodation policy will be reviewed periodically to assess its impact.

2.14.   It is submitted that the State Government should be encouraged to commence this review as a matter of priority.

 3.        Recommendation

That the Council endorse Section 5 of this report as its representation to the Tasmanian Planning Commission in relation to Draft Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes.

 

4.         Background

4.1.     Interim Planning Directive No. 2 Exemption and Standards for Visitor Accommodation (Attachment A) in Planning Schemes came into effect on 1 July 2017 when it was issued by the Minister for Planning and Local Government under section 12A(2)(a) of the former provisions of the Land Use Planning and Approvals Act 1993 (LUPAA).  The Information Sheet in relation to this is provided in Attachment B.

4.2.     The effect of the Interim Planning Directive was to provide an exemption from requiring a planning permit for visitor accommodation if:

4.2.1.     the dwelling is used by the owner or occupier as their main place of residence, and only let while the owner or occupier is on vacation or temporarily absent; or

4.2.2.     the dwelling is used by the owner or occupier as their main place of residence, and visitors are accommodated in not more than 4 bedrooms.

4.3.     The Directive made other forms of visitor accommodation permitted in all of the residential zones and the Rural Living, Environmental Living and Village Zones subject to the following acceptable solutions:

4.3.1.     guests are accommodated in existing buildings; and

4.3.2.     the accommodation has a gross floor area of not more than 300m2

4.4.     If these acceptable solutions are not met, visitor accommodation must demonstrate compliance with the following performance criteria:

4.4.1.     not cause an unreasonable loss of privacy to adjoining properties;

4.4.2.     be of a scale that respects the character and use of the area;

4.4.3.     not adversely impact the safety and efficiency of the local road network; and

4.4.4.     not unreasonably disadvantage owners and users of rights of way.

4.5.     The Directive defines Visitor Accommodation as: “use of land for providing short or medium term accommodation, for persons away from their normal place of residence, on a commercial basis. Examples include a backpackers hostel, bed and breakfast establishment, camping and caravan park, holiday cabin, holiday unit, motel, overnight camping area, residential hotel and serviced apartment.”

4.6.     The TPC has now been directed by the Minister for Planning and Local Government under section 11 of LUPAA to undertake an assessment of draft Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes (PD6).

4.7.     The TPC has invited representations for consideration in the assessment to be submitted by 11 September 2017.

5.         Proposal and Implementation

5.1.     It is proposed that the Council make a representation to the TPC in relation to PD6 addressing the issues discussed below:

Impacts on residential amenity - scale

5.2.     The Planning Directive provides an exemption from requiring a planning permit for visitor accommodation if the dwelling is used by the owner or occupier as their main place of residence, and visitors are accommodated in not more than 4 bedrooms.

5.3.     This exemption allows the use of up to 4 bedrooms without any consideration of the impacts on the surrounding area in terms of activity and parking.

5.4.     Under this exemption it would be possible for example, in a large house using 4 bedrooms, to accommodate 8 guests with no provision for off street parking.  This is in addition to the number of permanent residents. 

5.5.     For other forms of permitted visitor accommodation the floor area can be up to 300m2. Noting that the average floor area of a house in Tasmania is around 200m2, this would allow for a large dwelling, possibly containing 4 or 5 bedrooms, to be used for self-contained visitor accommodation and the parking standard would only require 1 space to be provided.

5.6.     Under the Hobart Interim Planning Scheme 2015 (HIPS2015) the permitted standard for self-contained visitor accommodation allowed for a floor area up to 160m2 in order to limit the scale and impact of such uses.

5.7.     The scale of activity facilitated by the exemption and permitted standards is unlikely to be compatible with the character and use of many residential areas and is therefore considered to inconsistent with the objective for the visitor accommodation standard.

5.8.     It is considered that a more appropriate exemption would be for 2 bedrooms to be used for visitor accommodation and the permitted standard to be a gross floor area of not more than 200m2.


 

 

Visitor accommodation in apartment and unit complexes

5.9.     The Planning Directive does not address the amenity issues involved with the mixing of permanent residents and short term residents in dwelling complexes.  This was a significant issue with the Sullivans Cove Planning Scheme 1997 and was addressed by the prohibition of visitor accommodation in dwelling complexes unless all dwellings were to be used for visitor accommodation. 

5.10.   The issue was also addressed in the HIPS2015 where the permitted standard in residential zones provides that self-contained visitor accommodation must not be located on the same site as a dwelling providing long term residential accommodation.

5.11.   It is an amenity issue for permanent residents of apartments and units, who can find they no longer have permanent neighbours and have a constant movement of people around them. This brings about a level of insecurity and can be a significant change from what they have previously experienced.  

5.12.   In a submission to the New South Wales inquiry (2015) on the regulation of short-term holiday accommodation, the Owners Corporation Network identified the following issues:

5.12.1.  Different building standards for fire safety are needed in apartment buildings catering to visitors, who are unfamiliar with emergency exits and protocols;

5.12.2.  Ever-changing strangers often have little regard for building security and etiquette;

5.12.3.  Short-term letting of apartments is associated with excessive noise, drunken behaviour, garbage disposal issues, and violations of visitor parking restrictions.

5.13.   It is often difficult for body corporates to address these issues in dwelling complexes and it is appropriate that the planning standards act to protect residential amenity.

5.14.   It is submitted that the permitted standard in residential zones should provide that self-contained visitor accommodation must not be located on the same site as a dwelling providing long term residential accommodation.

Battery Point – residential amenity and character

5.15.   The Planning Directive had the effect of making self-contained visitor accommodation permitted in the Inner Residential Zone in Battery Point Heritage Area BP1.  This was a reversal of the long standing position of Council to prohibit self-contained visitor accommodation in Battery Point.

5.16.   The ‘ban’ on self-contained visitor accommodation in Battery Point was in place since the introduction of the Battery Point Planning Scheme in 1979.

5.17.   It was the intent of the Battery Point Planning Scheme to ensure that in the Residential Zone private residential use is given first priority whilst providing for uses which serve local residents or ensure the retention of existing buildings incapable or unsuited to residential usage. 

5.18.   To allow conversion of existing private residences to visitor accommodation was considered inconsistent with the tenor of the Scheme as over time it may result in a significant change to the residential character of Battery Point. 

5.19.   Given the character of Battery Point and its proximity to Sullivans Cove and other tourist attractions, Battery Point is a very attractive location for tourists to stay.

5.20.   The demand for tourist accommodation in Battery Point is likely to be high and this factor combined with the financial return available from providing visitor accommodation, may lead to a concentration of visitor accommodation uses in Battery Point to the extent that the residential function, character and amenity is diminished.

5.21.   The character afforded to a residential area from long term residents is different to that from an area where there are large numbers of short term visitors.  An area primarily occupied by long term residents will have a greater sense of community and neighbourly character than an area where you are likely to have a new neighbour every night.  Battery Point residents had an expectation under the Battery Point Planning Scheme that Battery Point will remain a suburb primarily for long term residents as the Scheme gives “private residential use first priority”.

5.22.   The City of Hobart Planning Scheme 1982 was amended in September 2000 to make self-contained visitor accommodation a discretionary use in the Residential Zones.  Council supported this amendment as it considered that it was unlikely that it would result in a concentration of visitor accommodation uses in any particular area and this has proved to be the case.  In Battery Point however the opposite is likely to be the case.

5.23.   Council has been consistent in its approach to the issue of Visitor Accommodation (Use Class 5) in Battery Point and has refused the vast majority of applications.  (Note - it has been possible to have bed and breakfast style accommodation in Battery Point.)

5.24.   The Hobart Interim Planning Scheme 2015 continued the prohibition on self-contained visitor accommodation in Battery Point but allowed the use to be permitted in other residential areas of the city subject to standards limiting the scale.

5.25.   Given the significant implications for Battery Point, on 19 July 2017 the Council requested the Lord Mayor to write to the Minister for Planning and Local Government drawing attention to the issue of making self-contained visitor accommodation permitted in Battery Point and requested that the proposed Interim Planning Directive not apply to Battery Point Heritage Area BP1 under the Hobart Interim Planning Scheme 2015.

5.26.   The Minister did not agree to that request but did point out that it was an ‘interim’ Planning Directive that would be subject to independent assessment and review by the Tasmanian Planning Commission.

5.27.   With the anticipated growth in tourist numbers to Tasmania, the demand for tourist accommodation in Battery Point will inevitably grow. Uncontrolled visitor accommodation will significantly diminish the residential function and character of the area, which is so valued by its residents and tourists.

5.28.   Restricting the numbers of self-contained visitor accommodation places in Battery Point will help ensure that it continues to exist as a living residential precinct, with heritage values maintained and enhanced.

5.29.   It is submitted that the Planning Directive should continue the long standing prohibition on self-contained visitor accommodation in Battery Point Heritage Area BP1.

Implications for the supply and cost of housing

5.30.   There is a growing body of evidence from a number of cities that the supply of self-contained visitor accommodation, available through online booking platforms such as AirBnB, has seen the extensive conversion of properties from long term rental to visitor accommodation properties.

5.31.   This has resulted in a shortage of accommodation for residents and has significant implications for the supply and cost of housing for permanent residents.

5.32.   The attached paper (Attachment C), published by the Institute for the Study of Social Change, reports that Anglicare has found a 15 percent reduction in available longer term private rental accommodation in the last year. This continues the trend of a shrinking rental market in the south of the State, with a 60 percent drop in supply from five years ago. Even fewer of those homes are considered affordable, with Hobart last year rated second worst in the country for rental affordability.

5.33.   As can be seen in the chart below, SQM research (www.sqmresearch.com.au) is reporting that the rental vacancy rate in Hobart is now 0.5%, from a peak of just under 4% in 2013.

5.34.   The availability of affordable rental accommodation is also a key issue for the university sector with the media recently reporting that students in Hobart were being forced to live in hostels and other temporary accommodation.

5.35.   While a direct link between the increase in the number of self-contained visitor accommodation places and the residential rental vacancy rate and increased housing costs has not yet been proven, it is obvious that the impacts need to be closely monitored.

5.36.   In his response to the Council dated 1 August 2017, the Minister advised that the Government is aware of concerns that some housing stock will be removed from the longer term rental market to provide for the more lucrative short-term visitor accommodation use. He further advised that the operation of the new home-sharing accommodation policy will be reviewed periodically to assess its impact.

5.37.   It is submitted that the State Government should be encouraged to commence this review as a matter of priority.

6.         Strategic Planning and Policy Considerations

6.1.     The proposed representation to the TPC is consistent with the achievement of the strategic objectives of the Capital City Strategic Plan 2015-2025 particularly in relation to Goal 4 Strong, Safe and Healthy Communities.

7.         Financial Implications

7.1.     Funding Source and Impact on Current Year Operating Result

7.1.1.     None

 

7.2.     Impact on Future Years’ Financial Result

7.2.1.     None

7.3.     Asset Related Implications

7.3.1.     None

8.         Legal, Risk and Legislative Considerations

8.1.     The Planning Directive is dealt with under the provisions of LUPAA. 

8.2.     The TPC has been directed by the Minister for Planning and Local Government under section 11 of LUPAA to undertake an assessment of draft Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes (PD6).

9.         Social and Customer Considerations

9.1.     There are implications for social inclusion when permanent residences are replaced by self-contained visitor accommodation places with a reduction in the supply of housing and increased costs.

10.      Delegation

10.1.   This matter is delegated to the Council.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

James McIlhenny

Acting Director City Planning

 

 

Date:                            23 August 2017

File Reference:          F17/101909; 32-13-4

 

 

Attachment a:             Draft Planning Directive No. 6

Attachment b:             Visitor Accommodation Information Sheet

Attachment c:            Managing the Rise of Airbnb -  Paper by Institue for the Study of Social Change   


Item No. 8.1

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ATTACHMENT a

 

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ATTACHMENT b

 

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ATTACHMENT c

 

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8.2    Petition - Flashing Sign - 381 Elizabeth Street North Hobart

          File Ref: F17/101339

Memorandum of the Manager Development Appraisal of 21 August 2017.

Delegation:     Committee


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Memorandum: City Planning Committee

 

Petition - Flashing Sign - 381 Elizabeth Street North Hobart

 

Introduction

This memorandum relates to a petition containing 11 signatures presented to the Council at its meeting of 23 January 2017.  The petition requested the Council to investigate a flashing sign situated on the corner of Elizabeth and Federal Streets, North Hobart (381 Elizabeth Street), as it was not considered to be in keeping with the heritage values of North Hobart and was distracting to nearby residents and drivers.

A memorandum providing information in relation to the sign was considered by the Council at its meeting of 3 April 2017.  At that meeting, the Council resolved as follows:

That:   1.      Council officers convene a meeting between representatives of Claude Neon and the affected residents, with a view to developing a mutually acceptable position regarding the brightness of the sign at 381 Elizabeth Street, Hobart, and a further report be provided to the City Planning Committee for consideration.

2.    If an agreement is reached between Claude Neon and the affected residents that requires an amended planning permit to be issued, that all fees associated with the amended planning permit be waived.

3.    The petitioners be advised of the Council’s decision.

Background

The sign as it exists today was given planning approval on 23 January 2008 under application PLN-07-01363-01.  The conditions of that planning approval include that:

·       The images shown on the sign are static (rather than moving) and change at a rate no faster than 1 image every 10 seconds;

 

·       The sign is dimmed at night to 10% of normal power usage.

 

 

Discussion

The sign’s operator, Claude Neon, has advised that the sign’s maximum brightness is 8000 nits, with nits being a measurement of illumination, or the intensity of light.

 

 

 

The sign has what is called an ‘environmental brightness’ setting.  In layman’s terms, when on this setting, the sign self-adjusts electronically to ambient light levels, with the brightness of the sign dimming as daylight dims.  For example, when day is transitioning to night during twilight hours, the brightness of the sign dims also.  This setting allows the sign to dim automatically, irrespective of the time that twilight begins from day to day and from season to season.  When daylight levels are low at the beginning and end of each day, the sign’s operator has advised that the sign will typically dim to approximately 1.5% - 2% of maximum brightness on this setting.  They have also indicated that on dull, overcast days, the sign would typically be operating at approximately 10% of its maximum brightness during the day.

 

In addition to the ‘environmental brightness’ setting, the sign is also able to be ‘blacked out’, where it gives the appearance of being shut down and not in operation.

 

Following the Council resolution of 3 April 2017, a meeting attended by representatives of Claude Neon, affected residents and a Council officer was convened at the residence of the petitioner at 17 Elphinstone Road.  At that meeting, ‘real time’ adjustments were made to the brightness of the sign via a laptop controlled by a Claude Neon technician in the living area of 17 Elphinstone Road, allowing all attendees to view the brightness of various settings.  This exercise was considered to be very helpful by those in attendance.

 

As a result of discussions at the on-site meeting, Claude Neon offered to operate the sign on the following basis:

·    Operating on ‘environmental brightness’ between 5:30am and 11:30pm every day;

 

·    Blacked out’ between 11:30pm and 5:30am every day.

 

This operating regime is different to that required by the prevailing planning permit.  That is, rather than the sign abruptly changing from full brightness to ‘10% of normal power’ at one point in time, it will self-adjust at all times when operating on the ‘environmental brightness’ setting, and will dim to low percentages of maximum brightness when ambient light levels are at their lowest.  This operating regime is therefore considered to be consistent with and indeed, preferable to, simply going from full brightness to ‘10% of normal power’ as the current planning permit states, and is therefore considered to represent a lesser impact upon residential amenity than the planning permit provides for.

 

At this point in time, the sign’s operator is not proposing to submit an application for a minor amendment to the existing planning permit, although there is an opportunity to do so in the future.  Council has no ability to force the applicant to submit an application to amend the existing permit, and as the proposed operating regime discussed above is considered to be a preferable outcome, no further action is recommended at this point in time.  A review of the sign’s operation in 12 months’ time is recommended.

Conclusion

The sign’s operator has indicated that problems with the sign’s programming and functionality in late 2016, where the sign was relatively bright until late in the day, are likely to have led to the petition being presented to Council in January of this year.  While, as with any technology, it is possible that such issues may arise again, the sign’s operator is now taking a proactive approach to managing the brightness of the sign, and has worked collaboratively with affected residents to try and resolve their issues.  Those affected residents are also to be commended on their willingness to work cooperatively.

 

As a result of discussions between parties, the sign’s operator has offered to operate the sign on the following basis:

·    Operating on ‘environmental brightness’ between 5:30am and 11:30pm every day;

 

·    Blacked out’ between 11:30pm and 5:30am every day.

 

While the sign’s operator is not proposing to submit an application for a minor amendment to the existing planning permit at this point in time, the operating regime detailed above is considered to be consistent with and indeed, preferable to, simply going from full brightness to ‘10% of normal power’ as the current planning permit states.  It is therefore considered to represent a lesser impact upon residential amenity than the planning permit provides for.

 

A review of the sign’s operation in 12 months’ time is recommended.

 

REcommendation

That:

1.      That the information be received and noted.

2.    That the sign be inspected by Council in 12 months’ time to confirm that its operation remains consistent with planning permit PLN-07-01363-01.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

Rohan Probert Signature

Rohan Probert

Manager Development Appraisal

 

 

Date:                            21 August 2017

File Reference:          F17/101339

 

 

  


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8.3    Delegated Decisions Report (Planning)

          File Ref: F17/101702

Memorandum of the Acting Director City Planning of 21 August 2017 and attachment.

Delegation:     Committee


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Memorandum: City Planning Committee

 

Delegated Decisions Report (Planning)

 

Attached is the delegated planning decisions report for the period 8 August until 21 August 2017.

 

REcommendation

That that the information be received and noted.

                                               

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

James McIlhenny

Acting Director City Planning

 

 

Date:                            21 August 2017

File Reference:          F17/101702

 

 

Attachment a:             Delegated Decisions Report (Planning)   


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ATTACHMENT a

 

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8.4    City Planning - Advertising List

          File Ref: F17/101706

Memorandum of the Acting Director City Planning of 23 August 2017 and attachment.

Delegation:     Committee


Item No. 8.4

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Memorandum: City Planning Committee

 

City Planning - Advertising List

 

Attached is the advertising list for the period 5 August until 18 August 2017.

 

REcommendation

That the information be received and noted.

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

James McIlhenny

Acting Director City Planning

 

 

Date:                            23 August 2017

File Reference:          F17/101706

 

 

Attachment a:             City Planning - Advertising List   


Item No. 8.4

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ATTACHMENT a

 

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9        Motions of which Notice has been Given

 

9.1      Planning Scheme Amendments under the Sullivan's Cove and the City of Hobart Planning Schemes - Building Height

            FILE REF: F17/102575; 13-1-9

Alderman Helen Burnet

 

Motion

“That the Council lodge Planning Scheme amendments for both the Sullivan's Cove and the  City of Hobart Interim Planning Schemes which limits the building height to a maximum of 45 metres.”

 

Rationale:

 

“There is considerable community concern that both the Sullivan's Cove and the City of Hobart Interim Planning Schemes do not adequately limit building heights for development applications. 

 

Whilst it is expected that further modelling on height standards will be undertaken by Mr Leigh Woolley for the Central Business Zone of the City of Hobart Interim Planning Scheme, this is unlikely to be completed until well into 2018. This means that there is little protection of Hobart's skyline until such work and any future amendment is lodged, and the process completed.

 

Stipulating the maximum height of developments will guide developers, the public, planning professionals and decision makers who must interpret both current planning schemes operating in the City of Hobart. Absolute building heights can provide greater certainty and less ambiguity on how these should be interpreted.”

 

 

The General Manager reports:

 

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to the administration of planning schemes.”

 

 

    


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10.     Responses To Questions Without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

 

The General Manager reports:-

 

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

 

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

 

10.1  The Preparation of Specific Area Plans and Local Area Provisions

          File Ref: F17/101416; 13-1-10

Memorandum of the Acting Director City Planning of 22 August 2017.

 

Delegation:      Committee

 

That the information be received and noted.

 

 

 


Item No. 10.1

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Memorandum:          Lord Mayor

Deputy Lord Mayor

Aldermen

 

 

Response to Question Without Notice

 

The Preparation of Specific Area Plans and Local Area Provisions

 

Meeting: City Planning Committee

 

Meeting date: 14 August 2017

 

Raised by: Alderman Reynolds

 

Question:

(i)      How many Specific Area Plans and Local Area Provisions are being prepared as part of the transition to the Statewide Planning Scheme?

(ii)     Will Council have an opportunity to have input and make a decision on these?

(iii)    Can you provide a list of the SAPs and LAPs being prepared, the timeframe for these and the public engagement opportunities planned for the development of these SAPs and LAPs?

 

Response:

The Local Provisions Schedule will contain eleven Particular Purpose Zones, seven Specific Area Plans and ten Site Specific Qualifications for inclusion in the State Planning Scheme.  The Local Provision Schedule also includes lists to State Planning Provision codes (such as the Historic Heritage Code) and local area objectives for some State Planning Provision zones and codes.

The Particular Purpose Zones are:

1.    University of Tasmania (Sandy Bay Campus)

2.    Calvary Healthcare Hospital Campus

3.    St John’s Hospital Campus

4.    Wrest Point

5.    Battery Point Slipyards

6.    University of Tasmania (Domain House Campus) and Philip Smith Centre

7.    Particular Purpose Zone – Cascade Brewery

8.    St John’s Hospital Campus

9.    Self’s Point

10.  Sullivans Cove

11.  Macquarie Point

The Specific Area Plans are:

1.    Gregory Street Specific Area Plan

2.    North Hobart Specific Area Plan

3.    Lower Sandy Bay Escarpment Specific Area Plan

4.    Hobart Central Business Zone Specific Area Plan

5.    Hobart Light Industrial Zone Specific Area Plan

6.    Hobart Commercial Zone Specific Area Plan

7.    Battery Point Specific Area Plan

Once these provisions have been drafted it is proposed that they be considered by Council at a series of workshops in October / November 2017.  Council will have the opportunity to suggest additional Specific Area Plans as part of its consideration.

The options for community consultation on the Local Provisions Schedule will be discussed in a future report to Council when it considers the LPS.  

 

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

 

James McIlhenny

Acting Director City Planning

 

 

Date:                            22 August 2017

File Reference:          F17/101416; 13-1-10    


 

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11.     Questions Without Notice

Section 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

An Alderman may ask a question without notice of the Chairman, another Alderman, the General Manager or the General Manager’s representative, in line with the following procedures:

1.         The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.

2.         In putting a question without notice, an Alderman must not:

(i)    offer an argument or opinion; or

(ii)   draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3.         The Chairman must not permit any debate of a question without notice or its answer.

4.         The Chairman, Aldermen, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.

5.         The Chairman may require a question to be put in writing.

6.         Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.

7.         Where a response is not able to be provided at the meeting, the question will be taken on notice and

(i)    the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.

(ii)   a written response will be provided to all Aldermen, at the appropriate time.

(iii)  upon the answer to the question being circulated to Aldermen, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.

 


 

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12.     Closed Portion Of The Meeting

 

The following items were discussed: -

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Questions Without Notice